• Choi v Harmony Realty Ltd

    M Urlich [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance for respondent - Company (“vendor”) employing applicant sold to respondent - Applicant claimed employment transferred to respondent or respondent entered into new…
    Result:
    Applications dismissed (unjustified dismissal, discrimination) ; Application granted (Arrears of wages) ; Arrears of wages ($424.29) ; Costs reserved
  • Busch v Zion Wildlife Gardens Ltd and Anor

    Y S Oldfield [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCDURE - Identity of employer – Respondents argued second respondent should be removed from proceedings – Authority declined to remove second respondent until full hearing of relevant evidence…
    Result:
    Application dismissed (interim reinstatement) ; Costs reserved
  • Godfrey v Canon New Zealand Ltd

    G J Wood [Employment Relations Authority - Wellington]

    Summary:
    UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant dismissed after conviction for drink driving offence - Applicant driving company vehicle when offence committed - Reasons for dismissal were conviction was applicant’s…
    Result:
    Application dismissed ; Costs reserved
  • Rezqallah v Dental World (NZ) Ltd (in Liquidation)

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    PRACTICE AND PROCEDURE – Respondent in voluntary liquidation – Consent from liquidators required to continue proceedings under s248(1)(c) Companies Act 1993 (“CA”) – Liquidators had not responded to Authority’s questions…
    Result:
    Orders made ; Costs reserved
  • Lake Street Auto Services Ltd t/a Lake Street Auto Service v Day

    R Arthur [Employment Relations Authority - Auckland]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with record of settlement – Authority found respondent not made weekly instalments in sums required by agreement – Found no provision in agreement for…
    Result:
    Compliance ordered ; Disbursements in favour of applicant ($70)(filing fee)
  • Stockman v Garrett Automotive Ltd

    V Campbell [Employment Relations Authority - Auckland]

    Summary:
    UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s failure to provide written employment agreement (“EA”) despite applicant’s many requests – Applicant also claimed unjustifiably disadvantaged when did not receive…
    Result:
    Application dismissed (Disadvantage) ; Application granted (Constructive dismissal) ; Reimbursement of lost wages ($6,000) ; Costs reserved
  • Bullock v Capital Project Management Ltd

    D Asher [Employment Relations Authority - Wellington]

    Summary:
    COMPLIANCE ORDER – Applicant sought compliance with consent determination and record of settlement – Respondent alleged applicant breached confidentiality provisions of settlement so had invalidated entitlement to payment – At…
    Result:
    Compliance ordered ; Application granted (Penalty) ; Penalty ($5,000)(Payable to applicant) ; Costs in favour of applicant ($1,200)
  • Joseph v Maataa Waka Ki Te Tau Ihu Trust

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - One day investigation meeting - Applicant sought contribution to total costs of $6,440 - Respondent claimed as made Calderbank offer no justification for costs…
    Result:
    Costs in favour of applicant ($2,300) ; Disbursements ($220)
  • Thompson v Maataa Waka Ki Te Tau Ihu Trust

    H Doyle [Employment Relations Authority - Christchurch]

    Summary:
    COSTS - Successful personal grievance - Two day investigation meeting - Authority issued further determination concerning remedies where found $2,000 compensation appropriate - Authority not satisfied alleged later discovered misconduct…
    Result:
    Costs in favour of applicant ($3,800) ; Disbursements in favour of applicant ($220)
  • Xebz Riccarton Ltd v Lines (Labour Inspector)

    P Montgomery [Employment Relations Authority - Christchurch]

    Summary:
    PRACTICE AND PROCEDURE – Applicant lodged objection to demand notice issued by respondent Labour Inspector – Day before scheduled investigation, applicant informed Authority that unable to attend investigation meeting and…
    Result:
    Application dismissed ; Orders made ($1,217.61)